The Unseen Liability in the Grieving Process

In Missouri, it is statistically probable that an estate will contain firearms. For funeral directors, who are often the first point of professional contact after a death, these items represent more than just personal property. They are a significant regulatory and safety liability. Families frequently look to funeral professionals for immediate guidance on what to do with "the guns in the nightstand." Providing the wrong advice or handling these items without a license can lead to legal complications for both your firm and the families you serve.

Understanding the Missouri Legal Framework

Firearms are legally classified as personal property, but they are governed by a complex intersection of the Missouri Revised Statutes (RSMo) and federal law. When an individual passes away, the legal responsibility for these items immediately falls to the personal representative or executor.

Under RSMo § 473.340, any person claiming an interest in property that should be an asset of an estate may file a petition for the "discovery of assets". If firearms are moved, sold, or "given away" to family members before the probate court has authorized such actions, it can lead to litigation or money judgments against those who improperly handled the assets.

Furthermore, RSMo § 571.060 defines the "unlawful transfer of weapons" as a crime if a person knowingly delivers a firearm to someone not lawfully entitled to possess one. This includes transfer to individuals with felony convictions or those who are intoxicated. As a funeral director, facilitating a casual "hand-off" of a decedent’s firearm to a grieving relative could inadvertently place you in the middle of a criminal violation.

Common Challenges in the Field

Funeral professionals typically encounter three high-risk scenarios regarding firearms:

• The Unsecured Residence: Firearms found in unlocked bedside tables or closets during the initial removal of the deceased.

• The "Out of State" Heir: Family members who wish to take a handgun back to another state (e.g., Illinois or Kansas) without realizing that doing so without a licensed dealer (FFL) is a violation of federal law.

• Family Conflicts: Disputes over the valuation or ownership of a collection, which can halt the estate settlement process if not documented professionally.

Funeral Director

Best Practices for Professional Neutrality

To protect your firm and provide the highest level of service to Missouri families, follow these compliance-focused best practices:

1. Avoid Direct Physical Handling: Unless you are legally authorized or have a specific safety need to move an immediate threat, avoid taking physical possession of firearms. Taking a firearm into a funeral home storage area can create a "constructive transfer" issue under ATF regulations.

2. Refer to the Personal Representative: Always direct firearm-related questions to the legal executor or administrator. Remind them that they are legally responsible for the "inventory and appraising" of all estate assets under RSMo § 473.840.

3. Recommend Professional FFL Assistance: Suggest the use of a licensed Federal Firearms Licensee (FFL) that specializes in estate work. Unlike a local gun shop focused on retail, an estate-specialized FFL provides the documentation integrity required for probate.

The Role of MDRF Enterprises in the Professional Ecosystem

MDRF Enterprises serves as a technical partner for funeral directors across the Greater Saint Louis area. We provide the "Chain of Custody" documentation that attorneys and executors require to protect the estate’s liability.

Our services for professional partners include:

• Secure Removal and Storage: Licensed pickup from the decedent’s home to ensure the property is safe during the funeral process.

• Certified Appraisals: We use the Photo Percentage Grading System (PPGS) and follow USPAP-aligned standards to provide valuations that hold up in litigation or for IRS Form 706 filings.

• Interstate Compliance: We coordinate the legal shipping of firearms to out-of-state heirs through a network of receiving dealers, ensuring no federal laws are bypassed.

Navigating NFA and "Specialty" Items

A growing concern in Missouri estates is the discovery of items regulated by the National Firearms Act (NFA), such as suppressors or short-barreled rifles. These items are titled specifically to individuals or trusts. Improperly moving these items is a federal felony. We are currently navigating the SOT Type 3 licensing process to provide even deeper support for these specialized estate finds in the near future.

See our Estate Firearm FAQ

Conclusion: Final Word from Drew

Addressing firearms in an estate is not about the product; it is about the process. By guiding families toward professional, licensed handling, you are not just "dealing with a gun." You are protecting a grieving family from legal exposure and ensuring the decedent’s legacy is handled with the discretion and legality it deserves. Collaborative efforts between funeral professionals and licensed estate FFLs like MDRF Enterprises ensure a seamless, compliant transition during a family's most difficult days.